False Information provided by the Employee and Termination of Employment Agreement
Q: Is an employee required to provide the authentic information when he/she establish the employment relationship with a company
A: Yes. According to Article 3 and 8 of PRC Employment Contract Law, when entering into an employment contract, the parties to the employment contract should adhere to the principle of good faith, and, the employer has the right to know about the basic particulars of the employee that are directly relevant to his/her employment contract, and the employee should truthfully provide the same.
Q: What is the consequence if the employee provides the false information?
A: According to Article 26 of PRC Employment Contract Law, the employment contract will, in the event of an employee providing false information, be deemed to be invalid and the employer will have the right to terminate the employee.
Q: Is the employer required to pay severance pay to the employee if the employer terminates the employee on the ground that he/she provides false information?
A: No. According to Article 39 and 46 of the PRC Employment Contract Law, the employer is entitled not to pay for the severance pay to the employee if the employer terminates the employee on the ground that he/she provides false information.
Q: Is the employer entitled to terminate an employee if the employee provide false information which is NOT directly relevant to the performance of his/her employment contract?
A: No. Article 8 of the PRC Employment Contract Law only requires that the employee should provide the employer with the basic information that is directly relevant to the performance of his/her employment contract. For other information that is not directly revenant to his/her employment, such as his/her spouse’s personal information, his/her illness history, his/her family property and so on, the employee is under no obligation to provide such authentic information.